HB315: Medical Assistance Services, Department of; lien for claim of personal injuries.

Legislative Summary

Department of Medical Assistance Services; lien for claim of personal injuries. Creates a process by which a lien in favor of the Department of Medical Assistance Services on a claim for personal injuries may be satisfied upon the request of the injured person who received medical care or services to treat such personal injury. The bill provides that the Department is required within 60 days of receipt of the request of the injured person to provide such injured person or his personal representative with an itemized statement detailing all health care expenses paid for by a program of the Department and a sum specific demand for payment in full and final resolution of the Department's lien. Such request shall not be made by the injured person or his personal representative until all claims for health care expenses to be paid for by a program of the Department for an alleged injury on which the claim is based have been submitted to and processed for potential payment by the Department. The bill provides that if the Department fails to respond to such request, the injured party or his personal representative may submit to the Department an offer of payment for a sum certain in satisfaction of the lien, including an explanation of the reasons for such offer, and the Department may then, within 30 days, accept or reject such offer. The bill also clarifies that such process is not the exclusive means by which an injured person or his personal representative may request such itemized statement of health care expenses. Under the bill, the Department shall report on a quarterly basis those offers of the payment for a sum certain in satisfaction of liens to which it does not respond to the Senate Committee on Finance and Appropriations and the House Committee on Appropriations. Department of Medical Assistance Services; lien for claim of personal injuries. Creates a process by which a lien in favor of the Department of Medical Assistance Services on a claim for personal injuries may be satisfied upon the request of the injured person who received medical care or services to treat such personal injury. The bill provides that the Department is required within 60 days of receipt of the request of the injured person to provide such injured person or his personal representative with an itemized statement detailing all health care expenses paid for by a program of the Department and a sum specific demand for payment in full and final resolution of the Department's lien. Such request shall not be made by the injured person or his personal representative until all claims for health care expenses to be paid for by a program of the Department for an alleged injury on which the claim is based have been submitted to and processed for potential payment by the Department. The bill provides that if the Department fails to respond to such request, the injured party or his personal representative may submit to the Department an offer of payment for a sum certain in satisfaction of the lien, including an explanation of the reasons for such offer, and the Department may then, within 30 days, accept or reject such offer. The bill also clarifies that such process is not the exclusive means by which an injured person or his personal representative may request such itemized statement of health care expenses. Under the bill, the Department shall report on a quarterly basis those offers of the payment for a sum certain in satisfaction of liens to which it does not respond to the Senate Committee on Finance and Appropriations and the House Committee on Appropriations.